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Alaska Statutes.

Title 46. Water, Air, Energy, and Environmental Conservation

Chapter 14. Air Quality Control

Section 560. Unavoidable Malfunctions and Emergencies.

AS 46.14.560. Unavoidable Malfunctions and Emergencies.

Excess emissions caused by an unavoidable emergency, malfunction, or nonroutine repairs of an emission unit including pollution control equipment or process equipment constitute an affirmative defense, when asserted under regulations adopted under AS 46.14.140 , to an action brought for noncompliance with a technology-based emission standard. This section does not limit the department's power to enjoin the emission or require corrective action. This provision is in addition to any emergency or upset provision contained in an applicable requirement.

Article 06. GENERAL PROVISIONS

Note to HTML Version:

This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature If any errors are found, please e-mail Touch N' Go systems at E-mail. We hope you find this information useful.

Last modified 9/3/2005